Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Chairman will read the following announcement:

“I would like to remind everyone present that this meeting will be broadcast live to the Internet and will be capable of repeated viewing and copies of the recording could be made available for those that request it.

If you are seated in the lower public seating area it is likely that the recording cameras will capture your image and this will result in the possibility that your image will become part of the broadcast.

This may infringe your human and data protection rights and if you wish to avoid this you should move to the upper public gallery”

The Chairman made a short address to remind all present that the meeting would be broadcast on the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

The Chairman welcomed members of the public to the meeting and outlined the procedures and arrangements agreed by the Council, to enable persons to address the Sub-Committee in relation to the determination of applications for planning permission.

To confirm as a correct record the minutes of the previous meeting of the Sub-Committee, held on 8 July 2009 (attached).

RESOLVED:

That the minutes of the meeting of the Sub-Committee held on 8 July 2009 be taken as read and signed by the Chairman as a correct record.

(Assistant to the Chief Executive) To declare interests in any item on this agenda.

(a)        Pursuant to the Council’s Code of Member Conduct, Councillors Mrs P Brooks, A Clark, Mrs R Gadsby, W Pryor and Ms S Stavrou declared a personal interest in the following items of the agenda by virtue of being members of Waltham Abbey Town Council. The Councillors had determined that their interest was not prejudicial and would remain in the meeting for the consideration of the applications and voting thereon:

·                     EPF/1065/09   10 Windsor Wood, Waltham Abbey; and

·                     EPF/0470/09   Love Apple Farm, 156 Crooked Mile, Waltham Abbey.

(b)        Pursuant to the Council’s Code of Member Conduct, Councillor Mrs J Lea declared a personal interest in the following item of the agenda by virtue of previously living in the vicinity of the application. The Councillor had determined that her interest was not prejudicial and would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/0941/09   1 Barnfield Close, Nazeing.

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor W Pryor declared a further personal interest in the following item of the agenda by virtue of being acquainted with the applicant’s agent. The Councillor had determined that his interest was not prejudicial and would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/0470/09   Love Apple Farm, 156 Crooked Mile, Waltham Abbey.

(d)        Pursuant to the Council’s Code of Member Conduct, Councillor Ms S Stavrou declared further personal interests in the following item of the agenda by virtue of being both an owner of a livery yard and a trustee of a Riding for the Disabled organisation. The Councillor had determined that her interests were not prejudicial and would remain in the meeting for the consideration of the application and voting thereon:

·                     EPF/0470/09   Love Apple Farm, 156 Crooked Mile, Waltham Abbey.

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs 6 and 25 of the Council Procedure Rules contained in the Constitution requires that the permission of the Chairman be obtained, after prior notice to the Chief Executive, before urgent business not specified in the agenda (including a supplementary agenda of which the statutory period of notice has been given) may be transacted.

In accordance with Operational Standing Order 6 (non-executive bodies), any item raised by a non-member shall require the support of a member of the Committee concerned and the Chairman of that Committee.  Two weeks' notice of non-urgent items is required.

It was noted by the Sub-Committee that there was no other urgent business for consideration at the meeting.

(Director of Planning & Economic Development) To consider the attached report.

The Principal Planning Officer presented a report concerning the proposed variation of a Section 106 legal agreement following the approval of planning permission for a new Lidl foodstore at 1 Cartersfield Road in Waltham Abbey.

The Sub-Committee were advised that a planning condition had been imposed that restricted the range of items which could be sold in order to protect the vitality of the High Street in Waltham Abbey, but these restrictions had been duplicated within the legal agreement. The applicant did not wish to accept such a legal restriction and had not yet signed the agreement, seeking the variation before the Sub-Committee. Officers felt that the duplication of the restrictions within the legal agreement was unnecessary, as the planning condition was considered valid and defensible at appeal, and was contrary to the advice contained within circular 11/95. Consequently, it was recommended that this element of the legal agreement could be removed.

RESOLVED:

            That the required legal agreement in connection with planning application EPF/1305/08 (1 Cartersfield Road, Waltham Abbey) be varied to remove the following clause:

“That the Discount food store must not sell or advertise to sell any of the following products or services unless otherwise agreed by the Council in writing:

(a)        Fresh meat counter;

(b)       Fresh fish counter;

(c)        Delicatessen/cheese counter;

(d)       Hot food counter;

(e)        Dry-cleaning service;

(f)        Post Office services;

(g)       Lottery sales including scratch cards;

(h)       Photographic shop;

(i)         Café/restaurant;

(j)         Fresh bakery counter;

(k)        Tobacco products;

(l)         Loose confectionary;

(m)      Newspapers or Magazines;

(n)       Greeting Cards;

(o)       Pharmacy;

(p)       Post Office Services; and

(q)       Cash Machines (ATM’s).”

(Director of Planning and Economic Development)  To consider planning applications as set out in the attached schedule

Background Papers: 

(i)         Applications for determination – applications listed on the schedule, letters of representation received regarding the applications which are summarised on the schedule. 

(ii)        Enforcement of Planning Control – the reports of officers inspecting the properties listed on the schedule in respect of which consideration is to be given to the enforcement of planning control.

The Sub-Committee considered a schedule of applications for planning permission.

RESOLVED:

That the planning applications numbered 1 – 6 be determined as set out in the annex to these minutes.

(Director of Planning and Economic Development) Schedules of planning applications determined by the Head of Planning and Economic Development under delegated powers since the last meeting of a Plans Subcommittee may be inspected in the Members Room or at the Planning and Economic Development Information Desk at the Civic Offices, Epping.

The Sub-Committee noted that details of planning applications determined by the Director of Planning & Economic Development under delegated authority since the last meeting had been circulated to all members and were available for inspection at the Civic Offices.